Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-20
A LAND BILL.
The Land Bill Introduced by Temple
Houston, Senator from the Nine
teenth District.
1t Provides for the Sale of all Lands Set
Apart for the Common schools and
Asylum Funds.
Special to the Gazette.

the full text of Senator Houston's bill,
} entitled an act to provide for the sale OF
all lands heretofore or hereafter surveyed
and set apart for the benefit OF the CON-
mon schools. university, blind, deaf and
dumb, Iunatic and orphan asylum funds
OF the state of Iexas, and to repeal all
laws in conflict herewith.
Section l. Be it so enacted by the leg
islature of the state of Texas: That all
lands heretofore or hereafter surveyed
and set apart for the benefit of the CON-
mon school, university, blind, deaf and
dumb, lunatic and orphan asylum funds
of the state of Texas, shall be placed
upon the market and sold under the re-
strictions, stipul4tiOns and conditions
hereinafter provided.
Sec. ,. That the following lands shall
not be sold until so specially provided by
law:
First, all lands that contain timber val
liable for lumber or shingles.
Second, all lands that contain any
known minerals or salines.
Sec. 3. That every person who is the
head Of family or who has arrived at
the age of twenty-one years and is citi-
zen of the United States, or who has filed
his declaration of intention to become
such in accordance with the naturalIza
ton laws, shall be entitled to purchase, at
the price of 50 per acre and without
competition, any number of acres of land
belonging to the funds herenbefore named
not to exceed $40 acres, but in no event
shall any purchaser under the provisions
hereof be permitted to subdivide or cover
less than 100 ceres, except in cases of
fractional surveys OF less thar $40 acres
of land, and in no case shall any selection
leave less than 100 acres.
Sec. +. That no party who has filed his
application under the provisions hereof
shall be permitted at any subsequent
time to file an application for q different
tract of land.
Sec. ). That the person applying for
land under the provisions of this act
shall, before filing his application, make
affidavit before the clerk Of the county
court of the county wherein said land
lies, and if in an unorganized county,
of the county to which such IN
organized county is attached for sur
veying purposes, that he is the head Of g
family or tnat he is twenty-one years or
more of age: that he has never eveiled
himself Of any of the provisions
Of this act; that said application
is not made for speculation, but for his
own exclusive use and benefit, that he
desires said land in good faith Tor actual
settlement as homestead for himself,
and tn 1t he has not directly or indirectly
made any agreement or contract in any
way Or manner with any person whomso-
ever. whereby the title which he might
aa fro bn Of Il
tiEefe in whole or IN part to any person
other than himself. And if any person
taking such oath swears falsely in the
&emises, he shall forfeit the money he
ha.may havespaid for such land and all
rlehess aRdstitle 10 the same. And any
transfer or conveyance which he NAV
have made of said lands except to inno-
cent purchasers for a valuable considera-
ton and except as hereafter provided
shall be null and void.
Sec. e. That the person desiring to
purchase any of the lands hereinbefore
mentioned shall make his applica-
ton therefor in writing to the surv-yo
of the county or land district wherein
said land is located; such application
must show the number of acres applied
for, the survey number, the number of
certificate by virtue of which the location
was made and to whom the same was
issued, the number of the block and the
name of the county wherein said land is
situated. 1t any fractional portion or
portions of an entire section are applied
for, such application must show the quar-
ter or quarters of said section embraced
in the application. All applications must
be accompanied by sketch showing the
land applied for, and that Immediately
contiguous thereto. The party applying
shall attach to- his application and file
Herewith his affidavit as provided in sec
ton of this act.
Sec. !. That the surveyor shall be en-
titled tC fee of $50 for each applies
ton, to be paid by applicant, and upon
payment CT said fee, the surveyor shall
record said application and affidavit in E
well bound indeNed book to be kept by
him for that purpose; he shall then indOTse
SUCH application "recorded,'' giving the
date, page and volume of the record con-
tanning the same, and shall sign his name
officially thereto. Within twenty-four
hours after receiving and recording said
application, he shall forward the same by
mail to the treasurer of the state, who
shall preserve the same in the archives
of his office; upon filing his application
in the office of the surveyor, the applicant
shall forward within ten days to the treas
urer OF the state One-thirtieth of the
value of said land, together with
his written obligation for the re-
mainder of the purchase money, payable to
the state of Texas, and binding the pur-
chaser to pay one-thirtieth of the whole
price on the first OF each succeeding year
until the whole is paid, and interest at
the rate of per cent. per annum on the
whole of the unpaid purchase money from
date, payable on or before March l of
each year; provided, that no failure to
make any payment of principal, except
the first, shall work forfeiture until the
maturity of the obligation.
Sec. S. That for all payments of prin-
cipal or interest made 10 him by appli-
cants under the provisions hereof, the
state treasurer shall issue receipts. Upon
receiving any first payment for land ap-
piled for as herein provided, the state
treasurer shall Immediately notify the
proper district or county surveyor that
such payment has been made. Upon the
failure of an applicant to make his first
payment of principal or any subsequent
annus. payment of interest, or upon his
failure to discharge the amount of the en-
tire obligation, when the same is matured,
the state treasurer shall indorse "for-